§ 203A-4. Disqualification from service.

A. 

A person shall be disqualified from serving as an employee or volunteer involved with City-sponsored programs or persons involved in other programs using City facilities specifically organized for participation by persons under the age of 18 years if that person's background check reveals a record of conviction of any of the following crimes or offenses:

(1) 

In New Jersey, any crime or disorderly person offense:

(a) 

Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (i.e., criminal homicide; murder; manslaughter; death by vehicular homicide; aiding suicide; leaving the scene of a motor vehicle accident); N.J.S.A. 2C:12-1 et seq. (i.e., assault; endangering an injured victim; recklessly endangering another person; terroristic threats; stalking; disarming law enforcement or corrections officer); N.J.S.A. 2C:13-1 et seq. (i.e., kidnapping; criminal restraint; interference with custody; criminal coercion; enticing child into motor vehicle, structure or isolated area); N.J.S.A. 2C:14-1 et seq. (i.e., sexual assault; criminal sexual contact; lewdness; juveniles in need of supervision); N.J.S.A. 2C:15-1 et seq. (i.e., robbery; carjacking).

(b) 

Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq. (i.e., bigamy; endangering the welfare of children, incompetent persons, the elderly or disabled persons; willful nonsupport; unlawful adoptions; employing a juvenile in the commission of a crime).

(c) 

Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes (i.e., including theft of real or personal property in excess of $200; receiving stolen property; fencing; theft of services; shoplifting; computer related theft).

(d) 

Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except Paragraph (4) of Subsection a. of N.J.S.A. 2C:35-10.

(e) 

Providing alcoholic beverages to minors.

(f) 

Sexual offenses, including but not limited to child pornography, pursuant to N.J.S.A. 2C: 24-1 et seq.

(g) 

Selling firearms or other weapons to pursuant to N.J.S.A. 39-9.1; lewdness and obscenity toward children, pursuant to N.J.S.A. 2C:24-4.

(h) 

Involving public indecency as set forth in Chapter 34 of Title 2C.

(2) 

In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection A(1) of this section.

B. 

For purposes of interpreting the information recorded in a background check to determine the qualifications of the employee or volunteer involved with City-sponsored programs or persons involved in other programs using City facilities specifically organized for participation by persons under the age of 18 years, the City shall presume that the employee or volunteer is innocent of any charges or arrest for which there are no final dispositions on the record, except for charges or arrest for sexual misconduct either in state or without. As to such charges or arrests, such employee or volunteer is required to notify the City Administrator immediately following such charge or arrest.

C. 

Notification of a potential disqualification based on the background check shall be made to the employee or volunteer by the City Administrator or their designee.